Sherry Levin Wallach, NYSBA Secretary
“As co-creator of the Trial Academy in 2009 and NYSBA Secretary, I am honored to bring to you a revitalized program for 2021. Starting on June 23, we are offering a 13-part webinar series running through to December 2020, detailing trial techniques you won’t find anywhere else. From Handling a Virtual Hearing to Expert Testimony, we’ve created trial programs to cover topics during our current virtual climate, as well as planning ahead for a return to the new normal. The series will culminate in a live Trial Academy program at Syracuse Law School in March, 2021 where distinguished judges, seasoned trial attorneys and experts will host a mock trial, as well as teach small group sessions where you’ll learn critical trial skills. You’ll attend daily lectures and benefit from one-on-one critiques of your performance. This is a must-attend event and I look forward to seeing you there.”
Attend the revitalized 2021 NYSBA Trial Academy, a five-day trial techniques program, for a career changing experience:
- Work with your small group Team Leader to learn critical trial skills
- Attend daily lectures given by distinguished trial attorneys and judges
- Benefit from one-on-one critiques of your performance
- Gain mentors for your professional life, and become part of the invaluable Trial Academy community
In addition to this live program, you will receive access to all 13 webinar programs listed below (Note: Also available for individual registration), detailing virtual trial techniques that you won’t find anywhere else. Attend them live or watch the recorded version before the live program in March, 2021. The virtual series includes topics from Expert Testimony to Handling a Virtual Hearing and everything in between.
This is a must-attend event for attorneys navigating the new virtual court system.
Topics to be discussed:
- Guiding you through the transition into the on-line court proceedings
- How do they differ from what we are used to?
- What tools do we need to succeed in an online court environment?
- Dynamic with Clients – virtual v. in person communication
- Discussion about what preceding are being handled virtually through the different stages of court reopenings
Topics to be discussed:
- An Appellate Judge’s View: Key Points for Preserving Error for Appeal
How do an offer of proof and a voir dire of a witness come into making a record
- What do you do when called into Chambers with a Judge who disagrees about making a record and where the topic to be discussed in your opinion should not be off the record
- What is the difference between making a record and protecting the record
This presentation will discuss the preparation and handling of virtual hearings. There will be discussion about litigating in the local and county courts during COVID-19. Hear about the different types of hearings that are proceeding and the requirements that are being put on practitioners.
Know the rules and be ready. In this segment, you will learn how to prepare for, take, and defend depositions both in person and virtually. You will also learn how deposition testimony is used effectively at trial. This segment will cover both State and Federal rules. Know the rules and be ready.
“We’re going into the Grand Jury.” “So, are we!” Representing Clients in the Grand Jury will cover the intricacies of representing individual and corporate clients appearing before a grand jury as either a defendant, target, or witness. Preparing clients to testify, requesting legal instructions, making favorable witnesses known to the prosecutor and other essential defense strategies, obligations, and considerations will be discussed. Also, law and practice involved in grand jury presentations, including, burden of proof and role of the District Attorney.
What are objections and How we use them to help win our case is the theme of the presentation. When to object and more importantly when not to object (your strategy) and how to select the correct objection based upon the rules of evidence (the law) is a topic.
In this program you will learn the importance of Motions in Limine and Trial Motions, along with the nuanced procedural rules when making such applications to the trial court. A Motion in Limine is an incredibly important, yet often overlooked, part of a trial because it governs evidentiary issues that determine whether the jury sees or does not see certain evidentiary material. The civil practitioner must also be fully familiar with Trial Motions, which can remove one or more issues from a jury’s consideration or save an entire case when a jury makes a mistake.
What are exhibits?
Exhibits are anything other than testimony that can be perceived by the senses and presented at the trial or hearing. Exhibits include:
• Real evidence — items you can hold in your hand, such as clothing, weapons, broken shovels etc.
• Demonstrative evidence — evidence that represents or illustrates the real thing such as photos, videos, diagrams, maps, charts
• Records — government or business writings or records, business record exception, hospital records, police reports, payment records
• Writings — evidence other than records that are in writing such as letters, receipts, contracts, promissory notes
What does “laying a proper foundation” mean?
Foundations: Before an exhibit can be offered into evidence in court, a proper foundation must be set forth. We will show the four types of exhibits and how to introduce each properly into evidence.
Learn how to best protect your trial record, challenge impermissible evidence, and make sustainable evidentiary objections. This course will prepare you for when, how, and why to object during trial. The course will include an overview of key documentary and testimonial foundations, with a focus on hearsay, as well as strategies for introducing records and electronic and tape evidence and how to best use evidence with witnesses and to support your trial arguments.
To win a trial an attorney must argue facts, weave in the law and make logical arguments based on the emotions that will compel the jury to act and render a favorable verdict. No matter how strong the facts, law, emotions and arguments may be, one obstacle stands in the way of every successful outcome: if you cannot get the jury to pay attention and follow your arguments, you cannot persuade them. Winning trials starts by creating a sound theory of case – one which will capture the juries attention, captivate and convince them. This presentation will explain what theory of case is, provide an understanding of how to use it and give listeners the power to use theory of case to change the outcome of their trials.